The Problem With Lawmaking

 

 

a lack of

design expertise

 

 

 

Why is Our Current Process of Creating Laws Flawed?

 

 The current process for creating laws is defective because it does not follow proven problem-solving steps. Specifically, it does not: 

 

1.  Define the problem

2.  Apply design expertise

3.  Observe rigorous ethical standards

4.  Capitalize on existing knowledge

5.  Monitor results to ensure goals are achieved

 

 

LACK OF DESIGN EXPERTISE 

 

Governments recognize the value of quality in the design of useful products and services in every major industry with, ironically, one exception -- the lawmaking industry!

 

Major productive industries, including medical care, transportation, pharmaceuticals, energy, communications, etc.,  apply rigorous design standards to the creation of new products and services. These quality standards are then enforced by the government through their regulatory agencies.

 

For large scale or complex design projects such as new aircraft or nuclear reactors, the participants of design teams typically have a Ph.D. degree in design. 

 

 

IMAGINE AN AIRPLANE CREATED BY PEOPLE WHO HAVE

NO KNOWLEDGE OF DESIGN METHODOLOGIES

 

 

The lawmaking industry is the sole exception to the observance of design methodologies for the creation of new useful products.  In fact, the traditional method of lawmaking does not require law designers to meet any level of design expertise. 

 

Presently, anyone is qualified to design laws. There is no licensure requirement or other relevant qualification to design laws.  Even basic concepts such as the estimation of risk, direct and indirect costs, and unintended side effects of laws are rarely performed. Also, established design techniques of modeling, simulation, and optimization are not currently required for the design of laws.

 

This lack of law design expertise results in the production of laws that are seriously flawed.  Even laws that manage to succeed in their purpose are, as a rule, unnecessarily complex and costly, such as the tax codes of U.S. state and federal governments.

 

Proceed to the ethical standards page and learn more about the next critical step for effective lawmaking.